Judicial decision-making in divorce proceedings regarding the visitation of minor children

Abstract

This study was concerned with the discovery and analysis of: (1) the factors that district court judges consider when deciding parent/child visitation in divorce proceedings; (2) the differences among judges' responses based on demographic characteristics; (3) the number of factors judges consider when deciding visitation; and (4) the use of the "tender years doctrine" in judicial decision making.

An instrument was designed specifically for this research. This study surveyed the population of district court judges in Nebraska during January 1993 with a response rate of 80%.

Several findings emerged from this study: (1) Judges exercised a wide range of discretion when deciding parent/child visitation in divorce proceedings. (2) Demographic characteristics of the judges did not usually predict their responses to questions regarding visitation or divorce, and there was great individual variability among the judges. (3) Family violence, specifically child abuse and spouse abuse, affected judges' decisions regarding visitation in divorce proceedings, although family violence did not surface in the literature as an important factor in judicial decision making in matters of custody. (4) Judges listened to the wishes of older children in regard to visitation. (5) The "tender years doctrine" is sometimes used in judicial decision making and custody but appears to be waning as a factor. (6) Judges expressed little interest in non-traditional philosophy and practice in the area of visitation.